HomeMy WebLinkAboutReso 2002-495
RESOLUTION NO. 2oo2-111s
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN
AGREEMENT BY AND BETWEEN THE CITY OF SUNNY ISLES
BEACH AND CIVIL WORKS, INC., IN THE AMOUNT OF NINE
THOUSAND TWENTY DOLLARS ($9,020.00), ATTACHED
HERETO AS EXHIBIT" A", FOR SURVEY AND ENGINEERING
SERVICES TO A PORTION OF ATLANTIC ISLE BOULEVARD;
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT; AUTHORIZING THE CITY MANAGER TO
TAKE ANY AND ALL ACTION AS MAY BE NECESSARY TO
EFFECTUATE TmS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach desires to provide drainage and roadway
improvements to a portion of Atlantic Isle Boulevard; and
WHEREAS, in conjunction with that effort the City wishes to enter into an agreement
with Civil Works, Inc., in an amount of $9,020.00, attached hereto as Exhibit "A", to provide
survey and engineering services; and
WHEREAS, Civil Works, Inc. has been "qualified" by the City Commission to perform
engineering services for the City of Sunny Isles Beach.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section1. Authorization of Mayor. The Mayor is hereby authorized to execute said
agreement, attached hereto as Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to take
any and all action as may be necessary to effectuate this resolution.
Section 3.
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 14th day ofNovembet:
ATI1tS-T:' .:."".
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Ricba1d Brown-Morilla, City Clerk
R2002. Civil Works, Inc. 1
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Vote: S-o
Mayor Samson
Vice Mayor Iglesias
Commissioner Edelcup
Commissioner Goodman
Commissioner Kauffman
R2002- Civil Works, Inc.
Moved by: rL'~ <;:Ao~lAfL-
Seconded by: y\~ ~ov ~~
t/(Yes)
~Yes)
~Yes)
~~Yes)
~(Yes)
2
_(No)
_(No)
_(No)
_(No)
_(No)
City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
ENGINEERING CONSULTANT AGREEMENT NO. 02-991831F
THIS AGREEMENT, entered into this lS.yC- day of AJ6J. 2002, by and
between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City") and CIVIL
WORKS, INC., (hereinafter referred to as "Contractor"), a Florida corporation.
WHEREAS, Contractor is a qualified engineering service corporation qualified to do
business in Florida; and
WHEREAS, the City desires to contract with Contractor to provide the services described in
Scope of Work attached hereto as Exhibit "A", and for the consideration hereinafter named,
Contractor covenants and agrees with the City as follows:
t. Services. Contractor shall provide all labor, supervision, materials, supplies and
equipment, to perform survey and engineering services to the City as more particularly described in
Exhibit "A" attached hereto and made a part hereof. This Agreement establishes the cope of
services, specifications and performance standards to be performed, as incorporated herein, and firm
prices in accordance with the Contractor's quotation dated October 14,2002.
The total price for these services, Tasks 1 through 4 only, as specified on the attached Exhibit "A," is
NINE THOUSAND, TWENTY AND NO/tOO DOLLARS ($9,020.00), which is payable monthly
as invoiced. Task 5 is to be billed on an hourly basis, the total amount of which shall not exceed
$ to completion.
2. Payment for Vendor's Services. Request for partial payment of services must be
submitted monthly, in duplicate, with supporting documents, if any, referencing this Contract
Number and/or Purchase Order Number, to the attention of the Finance Department, City of Sunny
Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida, 33160.
Contractor shall make no other charges to the City for supplies, labor, taxes; licenses, permits, .
overhead or any other expenses or costs unless any such expense or cost is incurred by
Contractor with the prior written approval of the City. If the City disputes any charges on the
invoices, it may make payment of the uncontested amounts and withhold payment on the
contested amounts until they are resolved by agreement with Contractor.
Contractor shall not pledge the City's credit or make it a guarantor of payment or surety for any
contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further
warrants and represents that it has no obligation or indebtedness that would impair its ability to
, fulfill the terms of this Agreement.
..
3. Additional Services. If the need for additional work or changes under this Agreement is
identified by Contractor during the course of performing its obligations hereunder, Contractor shall
set forth such additional work and the cost thereof in a supplemental work order (a "Supplemental
Work Order") and submit such Supplemental Work Order for approval by the City. No such
additional work shall be done or paid for without the specific prior written approval of the City.
Page 1 of 5
Civil Works Inc" Service Agreement No. 02-991831F
10/29/2002 - 3:23 PM
City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
4. Availability of Funds. The obligations of The City of Sunny Isles Beach under this
Agreement are subject to the availability of funds lawfully appropriated for its purpose by the State
of Florida and/or the City Commission.
5. Undisclosed Conditions. In the event that undisclosed conditions are discovered during
the performance of this Agreement, the City shall have the right to cancel this Agreement upon thirty
(30) days written notice to contractor. Upon termination, the City may re-bid the project if the
contractor fails to perform under this Agreement due to the undisclosed conditions.
6. Coordination Of Services. The City's representative/liaison during the performance of
this Agreement shall be James Watts of the Public Works Department, telephone number
305/947-0606. Consultant shall not respond to requests for services under this Agreement
unless the request is received directly from James Watts or designated personnel. Any requests
received from other City departments/divisions shall be referred to the Public Works Department
representative designated above. Services performed without authorization by James Watts
of the Public Works Department shall be considered unauthorized and shall not be
compensated/paid by the City.
7. Insurance. Contractor shall, at its sole cost and expense, during the period of any work
being performed under this Agreement, procure and maintain the following minimum insurance
coverage to protect the City and Contractor against all loss, claims, damage and liabilities caused by
Contractor, its agents, contractors or employees, as more particularly set forth below:
a. Worker's Compensation, with no less than $100,000 for Employer's
Liability. Said coverage shall include a waiver of subrogation in favor of the
City and its agents, employees and officials.
b. General liability insurance, including broad form contractual liability
coverage for bodily injury and property damage liability with limits of One
Million Dollars ($500,000) Combined Single Limit per occurrence or
equivalent.
c. Business Automobile Liability which shall include coverage for all owned,
non-owned and hired vehicles for limits of not less than $500,000 per
occurrence, Combined Single Limit or its equivalent.
d. Errors and Omission -- Consultant shall carry a $500,000 coverage for errors and
omISSIOns.
Insurance required of the Contractor shall be primary to, and not contribute with, any
insurance or self-insurance maintained by the City.
Such insurance shall not diminish Contractor's indemnification and obligations
hereunder. The insurance policy(ies) shall be issued by companies authorized to do business
under the laws of the State of Florida and acceptable to the City. Before any work under this
Page 2 of5
Civil Works Inc., Service Agreement No. 02-991831 F
10/29/2002 - 3:23 PM
City of Sunny Isles Beach 17070 Collins A venue, Suite 250, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
Agreement is performed, and at any time upon request, Contractor shall furnish to the
City certificates of insurance evidencing the minimum required coverage and shall be
appropriately endorsed for contractual liability , with the City named as additional insured.
All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall
be in forms and issued by insurance companies acceptable to the City's Risk Management
Department. All insurance policies and certificates of insurance shall provide that the policies
may not be canceled or altered without thirty (30) days prior written notice to the City. The City
reserves the right from time to time to change the insurance coverage and limits of liability
required to be maintained by Contractor hereunder.
Contractor shall also require and ensure that each of its subcontractors providing services
hereunder (if any) procures and maintains, until the completion of the services, insurance of the
types and to the limits specified herein.
ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION
MUST BE APPROVED IN WRITING BY THE CITY.
Compliance with these insurance requirements shall not relieve or limit the Contractor's
liability and obligations under this contract.
8. Relation to Parties. It is understood and agreed that nothing contained in this Agreement
shall be deemed to create a partnership, joint venture, other association, or an employer/employee
relationship between the Contractor and the City. Contractor shall be in the relation of an
independent contractor and is to have entire charge, control and supervision of the work to be
performed hereunder. The Contractor does not have the power to bind the City in any promise,
agreement or representation other than as provided for in this Agreement.
9. Compliance with Law. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect to
this Agreement (Applicable Laws) and shall obtain and maintain, at its sole expense, any and all
material permits, licenses, approvals and consents necessary for the lawful conduct of the activities
contemplated under this Agreement.
10. Compliance with Occupational Safety and Health. Contractor hereby certifies that all
materials, equipment, etc., used to perform the services required by this Agreement meets all OSHA
requirements.
11. Waiver of Liabilitv/Indemnitv. The City shall not in any way be answerable or
accountable for any violations of applicable laws or for any injury, loss or damage arising from the
negligence or omission of Contractor or anyone of its employees, contractors or agents. Contractor
hereby agrees to indemnify, defend and hold harmless the City from and against any claim, loss,
damage, liability, cost or expense, including attorneys' fees, whether or not due to or caused in whole
or in part by City or its employees, arising out of (i) the performance or breach by the Contractor of
its obligations under this Agreement. Contractor hereby irrevocably waives any right and agrees not
to file any mechanic's or materialman's lien against the interest of the owner of the property.
Page 3 of5
Civil Works Inc., Service Agreement No. 02-99I831F
10/29/2002 - 3:23 PM
City of Sunny Isles Beach 17070 Collins A venue, Suite 250, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
12. Assil!nment. This Agreement shall be binding upon and shall inure to the benefit of
the City and to any and all of its successors and assigns, whether by merger, consolidation,
transfer of substantially all assets or any similar transaction. Notwithstanding the foregoing, this
Agreement is personal to the Contractor and it may not, either directly or indirectly, assign its
rights or delegate its obligations to City hereunder without first obtaining the City's consent in
writing. Any such attempted assignment or delegation shall be deemed of no legal force and
effect whatsoever.
13. Term. This Contract shall commence on jJ tJv. \ S- , 200k:::, and expire on
~ ~\-\..~ 1 i-~s ~, :2(;}(;} _' This contract may/may not be renewed, upon mutual consent
of bo parties r an additional "'f*:riod. Any renewal of this Contract shall be
subject to appropriation of funds by the City Commission.
14. Termination. This Agreement may be cancelled by the City, with or without cause,
upon thirty (30) days written notice to Contractor. This Contract shall be subject to immediate
termination if the services do not comply the specifications stated herein or fails to meet the
City's performance standards.
15. Notices. All notices and other communications required or permitted to be given under
this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise
provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt
requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by
facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail,
first class postage prepaid, return receipt requested or by overnight delivery by traditionally
recognized courier service), addressed to such party as follows: if to the City to the attention of
Christopher J. Russo, City Manager, with a copy to Lynn M. Dannheisser, City Attorney, at
City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160, and
to Contractor at Civil Works, Inc., 10 N.W. 42nd Avenue, Suite 200, Miami, FL 33126; Attention:
Linda M. Bell, P.E., President, Phone 305/448-5955; Fax 305/448-5466.
16. Governinl! Law. The validity of this Agreement and the interpretation and performance
of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida,
without regard to principles of conflict of laws thereof. The location of any action or proceeding
commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of
Florida.
17. Remedies for Breach. Should Contractor fail to perform, City shall notify Contractor in
writing of such failure to perform and Contractor shall have thirty (30) days of receiving such notice
to cure such failure. If Contractor is unable to cure such failure to perform then City shall receive a
refund equal to the actual cost of a third party to cure such failure. The City may sue for damages in
circuit court. If City fails, refuses or is unable to perform any term of this agreement, City shall pay
for services rendered as of the date of termination.
18. Attornev's Fees. If this matter is placed in the hands of an attorney for collection, or in
the event suit or action is instituted to enforce any of the terms or conditions of this agreement, the
losing party shall pay to the prevailing party, in such suit or action in both trial court and appellate
Page 4 of 5
Civil Works Inc., Service Agreement No. 02-991831F
10/2912002 - 3:23 PM
City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
(305) 947-0606 phone (305) 949-3113 Fax
court, together with reasonable attorney's fees for the anticipated cost of collection and judgment
enforcement.
19. Miscellaneous. In the event any provision of this Agreement is found to be void and
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall
nevertheless be binding upon the parties with the same effect as though the void or unenforceable
provisions had been severed and deleted. This Agreement may be executed in multiple identical
counterparts, each of which shall be deemed an original for all purposes. This Agreement shall
constitute the entire agreement between the parties with respect to the subject matter hereof, and it
shall supersede all previous and contemporaneous oral and written negotiations, commitments,
agreements and understanding relating hereto. Any modification of this Agreement shall be effective
only if in writing and signed by the parties to this Agreement. No waiver of any provision of this
Agreement shall be valid or enforceable unless such waiver is in writing and signed by the parting
granting such waiver.
20. Conflictine Provisions: The terms and conditions in this agreement supersede any
other conflicting provisions that are contained in any other document.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate on
the day and year first written above.
WITNESSES:
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CIVIL WORKS, INC.
,
~~
\,.- Linda Bell, P.E., resident
BY:
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. ~~R}thar4 rO'Yll-r.,19rilla, City Clerk
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Page 5 of5
Civil Works Inc., Service Agreement No. 02.991831 F
10/29/2002.3:23 PM
CWI
A WBE/DBE firm
CIvil WOrks, Inc.
Miami - Ft. Lauderdale - Orlando
305-448-5955, 954-344-6568, 407-339-0040
www.civilworks.comcwi@civilworks.com
October 14,2002
Revised October 21, 2002
Mr. George Fisher, Grant Coordinator
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, FL 33160
Mail and Fax to: 305-949-3113
Re: Atlantic Isle Boulevard Improvements
CWINo: 22144.00
Dear George:
We appreciate the opportunity to provide survey and engineering services to the City of Sunny Isles Beach
for the drainage and roadway improvements to a portion of Atlantic Isle Blvd. This letter and the attached
Professional Service Request will serve as the agreement for these services.
INTRODUCTION
We understand that the western end of the existing developed residential street has experienced flooding
problems and the existing pavement at the cul-de-sac at the end of the street is not large enough for large
vehicles. The City wishes to improve approximately 500 feet of the end of this roadway with additional
drainage, an improved cul-de-sac and resurfacing. There is one existing drainage inlet near the end of the
street with a small existing outfall to the Atlantic Waterway. The existing residences along this street have
constructed brick and concrete driveways abutting the asphalt pavement. As requested, the proposed
drainage and resurfacing is to be designed with as little as possible disturbance to the existing driveways
or the adjacent landscaped areas in the right-of-way. This proposal includes a survey of the area, roadway
improvement plans, specifications and permitting for the project.
TASK 1 - TOPOGRAPHIC SURVEY & GEOTECHNICAL TESTING
CWI will provide surveying services through a Subconsultant. This topographic survey will include
elevations of the existing roadway, cul-de-sac and driveways, cross sections and a topographic survey of
above ground features including landscaping and meter boxes, utility poles, etc. The existing 60 foot right-
of-way lines will be shown along with the existing landscaping.
This also task includes one Open Hole Percolation test for the drainage design. This test will be used in
the design of the drainage system and drainage permitting.
TASK 2 - PA VING, GRADING AND DRAINAGE IMPROVEMENTS
This task will include a drainage analysis, based on the existing and proposed conditions. CWI will
prepare Paving, Grading and Drainage Plans, at 11 "xI7" size, for the proposed improvements. The plans
will include two new drainage structures in the locations identified during our site meeting, new drainage
piping (approximately 370 feet between new structures), connection to the existing outfall (size unknown)
to the Atlantic Waterway on the south, and roadway resurfacing. The existing outfall is located near the
western end of the street, between two residential properties. The proposed drainage system is to be
connected to this existing inlet and outfall. The existing inlet is planned to be replaced in order to connect
Civil Works, Inc. 10 NW 42 Avenue, Suite 200, Miami, FL 33126 Ph: 305-448-5955 Fax: 305-448-5466
lYU. Ut;Ul~t; r I:SUt;l,
Atlantic Isle Blvd. Improvements
October 21, 2002, Page 2
the new system. There are no improvements planned to the existing outfall pipe inside the residential
properties.
The improvement plans will include resurfacing plans with drainage inlets, a curbed island in the cul-de-
sac, required paving and drainage details with notes specifying that the construction work is to be
performed to Miami-Dade County Public Works Standards. The technical specifications will also be
prepared. The "front end" standard City contract will be provided by your office. CWI will assemble and
submit two copies of the draft bid document to the City for approval. Once approved, CWI will print 10
copies of bid documents for bidding purposes. If requested, additional sets will be provided at cost plus
10%. Two sets of the approved paving, grading and drainage plans will be supplied to you (signed and
sealed) for the City permit, for use by the selected contractor.
TASK 3 - PERMIT PROCESSING
Under this task CWI will process the drainage permit through the Dept. of Environmental Management
(DERM). Drainage calculations will be submitted for DERM permitting. This task includes two meetings
with DERM. All DERM review and permit fees will be paid by the City or reimbursed to CWI.
TASK 4 - BIDDING ASSISTANCE
This task will include assistance during the bidding process. This will include, if requested, attendance
at the Pre-bid conference, answering any bidding questions, any bid analysis requested, assistance with the
preparation of any related addenda information and bid recommendations to the City Manager.
TASK 5 - PROJECT REPRESENTATION AND CONSTRUCTION ADMINISTRATION
This task will also include any special meetings with technical staff, home owner associations, team
meetings, any additional follow-up that your organization may request during the design and permitting
process, construction administration services, shop drawing review, construction observation and other
construction related City requests. Any work performed under this task will be authorized in advance and
charged at the rates listed below.
SCHEDULE
CWI will work with the City to meet all reasonable schedules.
OWNER SUPPLIED ITEMS
The Owner will supply CWI with the following:
DERM Review and Permit fees.
DELIVERABLES
The following deliverables will be submitted:
. Preliminary Plans, 2 sets 11 "x 17"
. Final Bid Documents, Plans, specifications & Cost Estimate - 10 sets II "x 17".
. Permit Sets, Signed and Sealed, 2 sets, 11 "x 17"
. Four sets of Drainage Calculations
. One electronic copy of the final permitted plans on CD.
Any additional copies of the plans during the review process or copies of revised plans after final
permitting will be prepared at the hourly rates and invoiced as reimbursable expenses.
Civil Works, Inc. 10 NW 42 Avenue, Suite 200, Miami, FL 33126 Ph: 305-448-5955 Fax: 305-448-5466
IVlf. ucurgc r l:sncr,
Atlantic Isle Blvd. Improvements
October 21, 2002, Page 3
COMPENSATION
Based on the project design listed above, the fees for Tasks I and 4 will be for the stipulated sums
indicated below. The fees for Task 5 will be at the hourly rates and categories shown below. Any permit
and review fees will be the responsibility of the Client.
Task Description Lump Sum Time Charges
Task 1 Topographic Survey and $2,600 N/A
Geotechnical Testing
Task 2 Paving Grading and Drainage $4,820 N/A
Improvement Plans, Drainage
Report and Specifications
Task 3 Permit Processing $1 ,200 N/A
Task 4 Bidding Assistance $400 N/A
Task 5 Project Representation and N/A Hourly
Construction Administration
$9,020 Hourly
HOURLY RATES
Cate2:orv
Principal
Project Manager
Design Engineer
Technician/Drafter
Clerical
Hourlv Rates
$130.00
$ 95.00
$ 75.00
$ 55.00
$ 30.00
The above hourly fee rates include all normal cash expenses as described under Compensation in the
attached Professional Service Request. All reports, plans, and calculations shall remain the property of
CWI until all fees are paid in full.
Civil Works, Inc. 10 NW 42 Avenue, Suite 200, Miami, FL 33126 Ph: 305-448-5955 Fax: 305-448-5466
Mr. Ueorge Fisher,
Atlantic Isle Blvd. Improvements
October 21, 2002, Page 4
If you concur with the content of this agreement, please sign and date both copies of this letter along with
the attached Professional Service Request and return one complete copy to our office. In addition, please
initial and date the bottom of Page 2 and 3 of the Professional Service Request.
Please call me at (305) 448-5955 if you have any questions.
rv\ tAU ov l) 0.. '\1; 0 S CUN\ t () IV
Print~
----.tJ , v.
Date
l ~ 2.-OoL
,
Attachment ( Professional Service Request)
1mb/me
Sincerely,
Civil Works, Inc.
~'/-'
--- ~ /-<
/- -.-. J (_~.-
'~ Linda Bcli:P.E. ~-
President
SUNNPRP.WPD
Civil Works, Inc. 10 NW 42 Avenue, Suite 200, Miami, FL 33126 Ph: 305-448-5955 Fax: 305-448-5466
""VII worKS, Inc.
PROFESSIONAL ENGINEERS
1 0 NW 42 Avenue, Suite 200,
Miami, FL 33126
Tel: 305-448-5955
Fax: 305-448-5466
e-mail: CWI@civilworks.com
PKUlf~SSIUNAL
REQUEST
Confirmation of:
[X] Engineering Order
[] Planning Order
[XI Notice to Proceed
SERVICE
This AGREEMENT, made and entered into this..ll. day of October 2002, by and between
CIVIL WORKS, INC. (CWI) and the Client identified herein, is for the professional services
described under Paragraph 2 below.
CLIENT:
City of Sunny Isles Beach
Attn: Mr. Geore:e Fisher
ADDRESS: 17070 Collins Avenue. Suite 250
Sunny Isles Beach. FL 33160
SHORT TITLE:
Atlantic Isle Blvd.
Improvements
CWI PROJECT NO: 22144.00
IS CLIENT FEE OWNER OF PROJECT
PROPERTY:
[ I YES [X] NO [ ] N/A
NAME/ADDRESS OF OWNER:
City of Sunny Isles Beach
17070 Collins Avenue. Suite 250
Sunny Isles Beach. FL 33160
DOES CLIENT HA VE OWNER'S
AUTHORITY FOR THESE SERVICES?
[X] YES [I NO
1. Legal Description of Project Site: Western Rie:ht-of-Wav of Atlantic Avenue recorded in
Plat Book 34-17. Miami-Dade County. Florida
2. Description of professional services to be provided by CWI (Attach additional pages, if necessary.):
Atlantic Isle Blvd Drainae:e and Street Improvements - Ene:ineerine: Services per attached letter
dated October 14. 2002
3. The compensation to be paid CWI for providing the requested services shall be:
A Lump Stipulated Sum of $9,020.00 as listed in the attached letter.
Payroll costs plus a surcharge of 150%, plus reimbursable expenses (see
explanation).
Unit Cost/Time charges identified in attached letter.
[x]
[ I
A.
B.
[xl
C.
IN WITNESS WHEREOF, this agreement is entered into on the date first above written subject
to the terms and co itions above stated and subject to the provisions set forth on the reverse side.
CLIENT:
SIGNED:
TYPED NAME: ~ ~vi1> S-A M.SorV
TITLE: ~
DATE: ---.tJ \)~. ( S'. 'LC 01.-
Civil Works, Inc.
TYPED NAME: Linda M. Bell P.E.
TITLE:
President
DATE:
October 21, 2002
Civil Works, Inc. 10 NW 42 Avenue, Suite 200, Miami, FL 33126 Ph: 305-448-5955 Fax: 305-448-5466
Project Name: Atlantic Isle Blvd. Improvements
'-'-b- -
4. COMPENSATION: "Payroll costs" shall be defined as the cost of salaries and wages together with
fringe benefits costs related thereto, which shall include, but not be limited to pro rata amounts for;
vacation, holiday and sick leave pay; social security, workmen's compensation insurance and
retirement, medical and life insurance benefits, unemployment and payroll taxes; and other benefits
of those employee directly engaged in the performance of the requested services.
"Reimbursable expenses" shall be defined as: (1) fees of Professional associates (whose expertise is
required to render the professional services contracted for herein), the cost of which shall be charged
at actual cost plus an administrative charge of 10%; (2) Out-of-Pocket Expenses which shall include,
but not be limited to, out-of-town travel expenses (lodging, meals, etc.), job-related mileage at 30 cents
($.30) per mile, printing and reproduction costs, and special field supplies; and (3) Special equipment
charges. In the event the requested service requires the use of electronic measuring equipment,
computers, plotters, and other special equipment such as boats, swamps buggies, etc., an additional
direct charge shall be made for the use of this equipment.
5. INVOICE AND PAYMENT PROCEDURES: CWI shall submit invoices to the Client for work
performed during each calendar month. For services provided on a Lump Sum basis, the amount of
each monthly invoice shall be determined on the "Percentage of Completion Method" whereby CWI
will estimate the percentage of the total work accomplished during the invoicing period. For services
provided on the Payroll Costs Plus basis, reimbursable expenses shall be separately itemized. For
services provided on the Unit Cost/Time Charge basis, monthly invoices shall include all charges,
separately itemized, for services for which "time charges" or "unit cost charges" shall apply (as these
terms are defined by Exhibit A which, if applicable, shall be attached to this Agreement at the time of
execution). Such invoices shall be rendered by CWI as soon as possible after the end of the month in
which the work was performed and shall be due and payable by the Client upon receipt.
The Client, as owner, as authorized agent for the owner, or as an authorized representative of a
governmental entity, hereby agrees that payment as provided herein shall be made for said work within
30 days from the date the invoice for same is mailed to the Client at the address set forth herein or is
otherwise delivered to Client. The Client hereby agrees that the amount represented by unpaid invoices
shall accrue interest until paid at 18% per annum beginning the 30th day after the invoice is mailed or
otherwise delivered to Client. Engineer may, after giving seven (7) days written notice to Client,
suspend services until he has been paid in full all amounts due.
Upon cancellation, abandonment or suspension by the Client of the professional services undertaken
herein, prior to completion of said services, CWI shall be paid for all work performed to the date of
cancellation, abandonment or suspension: (1) pursuant to the terms of this Agreement, on all invoices
rendered prior thereto and (2) on a quantum merit basis for all work performed from the last day
covered by the last invoice until the date of cancellation, abandonment or suspension.
In the event that sales tax is judged by law to be applicable to any portion of services provided under
this Agreement, Client agrees to pay such sales tax in addition to the fees outlined herein.
2.-
Accepted:
Initial:
Date:
Project No. 22144.00
Project Name: Atlantic Isle Blvd. Imorovements
Page 3
6. WARRANTIES AND ATTORNEYS' FEES: CWI warrants that its services are performed, within
the limits prescribed by our Clients, with the usual thoroughness and competence of the engineering
profession. No other warranty or representation, either expressed or implied, is included or intended
in our proposals, contracts, reports or services.
Should it become necessary to employ an attorney to enforce the terms of this Agreement, Client
hereby agrees to pay all costs of such enforcement, whether an action be brought or not, including
reasonable attorneys' fees, which shall include fees for appellate proceedings, if any.
7. INSURANCE AND LIABILITY: CWI shall provide appropriate insurance coverages. eWI's liability
to Client for any and all damages arising in any way out of the performance of this contract is limited
to the dollar amount of fees earned by CWI under this contract. In no event shall CWI be liable for
any indirect, special or consequential loss or damage arising out of the performance of services
hereunder, including but not limited to, loss of use, loss of profit or business interruption, whether
caused by negligence of eWI or otherwise and Client shall indemnify and hold eWI harmless from
any such damages or liability.
In the event Client makes a claim against CWI at law or otherwise for any alleged error, omission or
other act arising out of the performance of the professional services contracted for herein and the Client
fails to prove such claim, then the Client shall pay all costs, including attorneys' fees, which shall
include fees for appellate proceedings, if any, incurred by eWI in defending itself against said claim.
8. MISCELLANEOUS:
A. LAW GOVERNING: This agreement shall be governed by and construed in accordance with the
laws of the State of Florida.
B. SEVERABILITY: If any portions of this Agreement shall be held invalid or unenforceable, such
invalidity or unenforceability shall not affect any other provisions hereof, and this Agreement shall
be construed and enforced as if such provisions had not been included.
C. ENTIRE AGREEMENT AND AMENDMENTS: This Agreement, including any and all Exhibits
referred to herein which are a part hereof, contains the entire understanding of the parties hereto
with respect to the subject matter contained herein and may not be modified, amended or
terminated nor may any term hereof be waived except by a written instrument executed by all
parties hereto or their respective successors or assigns. No oral representations made by CWI or
its employees or agents shall be binding on eWI unless such representations are reduced to
writing.
D. TERMINA nON: The obligation to provide further services under this Agreement may be
terminated by either party upon seven (7) days written notice in the event of substantial failure by
the other party to perform in accordance with the terms hereof through no fault of the terminating
party. In the event of any termination, CWI will be paid for all services and expenses rendered
pursuant to this Agreement to the date of termination and all expenses and related costs necessary
to effectuate said termination.
Accepted:
Initial:
Date: